Gift Duty Act of 1926 (17 Geo v No. 23) (Qld)

GIFT DUTY. 17 GEO. V. No. 23,1926. Gift Duty Act. ss. 1, 2. 11569 DISCHARGED SOLDIERS' SETTLEMENTS. See LAND, CROWN. DUTY, GIFT: See GIFT DUTY. DUTY, STAMP. See STAMPS. FEDERAL AID ROADS. See ROADS. GIFT DUTY. An Act to Make Provision for the Payment of Certain Duties on Property Disposed of by way of Gift. 17~ o. V. No. 23. THE GIFT DUTY ACT OF 1926. [ASSENTED TO 26TH NOVEMBER, 1926.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Gift Duty Act of Short title 1926," and shall be deemed to have come into operation ~ ~ ! mence. on the first day of July, one thousand nine hundred ment of Act. and twenty-six, which date is herein referred to as the commencement of this Act. 2. In this Act, unless the context otherwise indicates, Int.erpre. the following terms have the meanings set against them tatlon. respectively, that is to say:- " ComlUissioner "-The Commissioner of Stamp C: ommis• Duties or Chief Deputy Commissioner of BlOner. Stamp Duties;

11570 s.2. GIFT DUTY. Gift Duty Act. 17 GEO. V. No. 23, Disposition of property. Donor; donee. Gift. "Disposition of property" means and includes- (a) Any conveyance, transfer, assignment, settle- ment, delivery, payment, or other alienation of property; and, without limiting the meaning of the term, expressly includes an allotme.t of shares in a company; (b) The creation of a trust of property; (c) The grant or creation of any lease, mortgage, charge, servitude, license, power, partner- ship, or interest in property; (d) The release, discharge, surrender, forfeiture, or abandonment, at law or in equity, of any debt, contract, or chose in action, or of any interest in property; for this purpose a debt or any such interest shall be deemed to have been released or surrendered when it has become irrecoverable or unenforce- able by action or other process through the lapse of time. But if the amount of any such debt or interest so released or surrendered is subsequently liquidated in whole or in part by the debtor to the creditor, the amount of such liquidation payment shall not for any purposes of this Act be deemed to be a disposition of property or a gift; (e) The exercise of a power of appointment of property; for this purpose the judgment or order of any court made in default of the exercise of such power by the donee thereof shall be deemed to be the exercise of the power; (I) Any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of his own property and to increase the value of the property of any other person. "Donor"-The maker of a gift; and" Donee"- Any person acquiring any interest in property under a gift: each of these terms includes a body corporate. "Gift" means and includes any disposition of property which is made otherwise than by will (whether with or without an instrument I L

GIFT DUTY. s.2. 11571 1926. Gift Duty Act. in writing), without fully adequate considera- tion in money or money's worth passing from the disponee to the disponor. If any such disposition is made for a consideration in money or money's worth which in the opinion of the Commissioner is inadequate (or is found on an appeal from an assessment of the Commissioner to be inadequate), the disposition shall be deemed to be a gift to the extent of that inadequacy and gift duty shall be assessable accordingly. A disposition of property made or taking effect or carried out in pursuance of or in performance or satisfaction (whether wholly or in part) of a voluntary contract shall be a gift so soon and so far as the disposition has affected the property or any of the property to which such contract relates. A gift shall, for the purposes of gift duty, be considered as made after the com- mencement of this Act when the disposition of the property comprised in the gift is made or takes effect or is carried out or completed after the commencement of this Act, notwith- standing that a voluntary contract er instru- ment of title to which such property or any part thereof relates was made or executed before the commencement of this Act. When any gift is made in respect of property comprised in any instrument of gift requiring registration jn Queensland or elsewhere, and such instrument was stamped before the commencement of this Act in accordance with the provisions of the Stamp Duties Acts in force for the time being but not registered until after the commencement of this Act, such gift shall for the purposes of gift duty be considered as made after the commencement of this Act. But nothing herein contained shall be construed as limiting the meaning of the expression "gift which is made after the commencement of this Act" or other like expression in cases where such gift is as a fact made after the com- mencement of this Act.

11572 s.3. GIFT DUTY. Gift Duty Act. 17 Goo. V. No. 23, Interest in property. Property. Voluntary contract. " Interest in property" means and includes any estate, interest, right, or power whatsoever whether at law or in equity in or over any property. " Property" includes real property and personal property and every interest in property. " Voluntary contract"-A contract or agreement entered into (whether with or without an instrument in writing and whether such contract or agreement was made before or after the commencement of this Act), without fully adequate consideration in money or money's worth. If any contract is made for a considera- tion in money or money's worth which in the opinion of the Commissioner is inadequate (or is found on an appeal from an assessment of the Commissioner to be inadequate), the contract shall be deemed to be voluntary to the extent of that inadequacy. Gift duty. 3. (1.) Subject to this Act there shall be levied and paid to His Majesty a duty (in this Act referred to as "gift duty") in respect of every gift which is made after the commencement of this Act. Gift duty (2.) Gift duty shall be payable in respect of all ~ ~ J: t; dJ! Y property situated in Queensland at the time when Queensland. the gift is made, although the donor may not have his domicile in Queensland. Rulesf~ r. '(3.) For the purposes of gift duty the local situation ~ ~t: lnmg of property. shall be determined in manner following:- ~ ; ~ ; : ! ~ ; . Of (a) If the donor is domiciled in Queensland at the time when the gift is made or is a body corporate incorporated in Queensland, all personal property comprised in the gift, whether situated inside or outside Queensland, shall be deemed to be situated in Queensland. (b) Subject to the last preceding paragraph ( a) ~ (i.) Property at sea shall be deemed to be situated in Queensland if in course of transit, directly or indirectly, to Queens- land. (ii.) The local situation of a debt payable under a bond debenture or other deed shall in no

GIFT DUTY. s.3. 1926. Gift Duty Act. case be determined by reference to the local situation of the bond debenture or deed. (iii.) A debt owing by a corporation, whether incorporated in Queensland or elsewhere, shall be deemed to be property situated in Queensland if the debt was incurred or is payable in Queensland, and the corporation has any office or place of business in Queensland. (iv.) A debt owing by any person or persons other than a corporation shall be deemed to be property situated in Queensland if the debtor or any of the debtors is resident in Queensland. (v.) A debt owing by the Crown in respect of the Government of Queensland (including any debentures, Treasury bills, and any other form of Government stock or securities) shall be deemed to be property situated in Queensland if it is incurred or payable in Queensland. (vi.) Notwithstanding anything hereinbefore in this section contained, a debt represented by an instrument which is negotiable in Queensland shall be deemed to be property situated in the country in which the instrument is situated. (vii.) Notwithstanding anything hereinbefore in this section contained, a debt which is secured by mortgage, charge, lien, or other- wise on any property situated or deemed to be· situated in Queensland shall itself be deemed to be property situated in Queensland; but if the value of the security is less than the value of the debt, the debt shall not by reason of the existence of the security be deemed to be situated in Queensland except to the extent of the value of the security. (viii.) Shares in a company incorporated in Queensland shall be deemed to be property situated in Queensland, whether such shares are recorded in a register kept in Queensland or elsewhere. 11573

11574 ss. 4, 5. GIFT DUTY. Gift Duty Act. 17 GEO. V. No. 23, (ix. ) Shares in a company incorporated outside Queensland shall be deemed to be property situated out of Queensland, except in the case of shares registered in a branch register of the company in Queensland. Retiring 4. Notwithstanding anything to the contrary in palelnoswioannsc, es, this Act, no gift duty shall be payable in respect of and any of the following matters, namely :- gratuities. (a) Contributions by. an employer to a fund established for the purpose of providing retir- ing allowances or pensions for his employees or any class or classes of his employees; (b) Payments made by an employer to an employee on the retirement of that employee from the service of the employer, and any gratuity or bonus paid by an employer to an employee during the continuance of the employment in recognition of special or faithful services rendered, if- (i.) The employer is an incorporated public company, or (ii.) The employer is an incorporated private company, or is an unincorporated firm or an individual, and the Commissioner is satisfied that the employee is not connected by ties of blood or marriage with any director of such private company or with any of his employers. Marriage . 5. (1.) No marriage settlement made before and settlements. in consideration of marriage by either party to the marriage, or made after marriage by either party thereto in pursuance of a binding ante-nuptial contract, shall be liable to gift duty with respect to any beneficial interest' acquired thereunder by the other party to the marriage, or by the children or remoter issue of the marriage. (2.) Notwithstanding anything in this section con- tained, a covenant or contract contained in a marriage settlement, whether executed before or after the com- mencement of this Act, to make any disposition of future-acquired property shall be considered as a voluntary contract within the meaning of this Act to the extent to whioh it relates to such property.

GIFT DUTY. ss. 6.8. 11575 1926. Gift Duty Act. 6. No gift duty shall be payable on any gift C:haritable (whether accompanied by the creation of any trust or gIfts. not) to or in favour of any charitable or educational institution in Queensland or to or in favour of such other public institution in Queensland as the Governor in Council may from time to time by Order in Council determine. 7. A gift shall not be taken into account as such Further. for the purposes of gift duty if the Commissioner is exemptIOns. satisfied- (a) That the gift, together with all other gifts made by the same donor to the same donee at the same time and within twelve months previously (whether wholly before or wholly after or as to some of them before and as to others of them after the commencement of this Act) and twelve months subsequently, does not exceed in the aggregate twenty pounds in value and such gifts are made in good faith as part of the normal expenditure of the donor; or (b) That the gift is made for or towards the maintenance of the ,vife, husband, or child of the donor or for or towards the education or apprenticeship of a child of the donor and is not excessive in amount, having regard to the legal or moral obligation of the donor to afford such maintenance; education or apprenticeship. 8. (1.) Where the value of any gift which together ~ates of with the value of any other gift or gifts made at the gIft duty. same time and within twelve mon'bhs previously (whether wholly before or wholly after or as to some of them before and as to others of them after the commencement of this Act) and twelve months subsequently by the same donor to the same or any other donee does not amount to one thousand pounds-No duty. For the purpose of assessing the rate at which gift duty shall be assessed, the value of the gift itself together with the value of all gifts made at the same time and within twelve months previously (whether wholly before or wholly after or as to some of them before and as to others of them after the commencement of this Act.) o

11576 s.9. GIFT DUTY. Gift Duty Act. 17 GEO. V. No. 23, and twelve months subsequently by the same donor to the same or any other donee shall be taken into consideration. " If the value of all the gifts ascertained as aforesaid amounts to one thousand pounds but does not exceed two thousand five hundred pounds-Three pounds per centum of the value of the gift. If the value of all the gifts ascertained as aforesaid exceeds two thousand five hundred pounds but does not . exceed five thousand pounds-Five pounds per centum of the value of the gift. If the value of all the gifts ascertained as aforesaid exceeds five thousand pounds-Five pounds per centum of the value of the gift together with an additional percentage upon the value of the gift of ten shillings per centum thereof for every two thousand pounds or part of two thousand pounds in excess of five thousand pounds of the value of all the gifts ascertained as aforesaid, but so that the rate shall not exceed twenty pounds per centum : Provided that for the purpose of determining the -rate of gift duty as aforesaid no allowance shall be made in respect of the value of any property comprised in any gift or gifts which is or are exempt from duty in accordance with any of the provisions of this Act other than the provisions of the last preceding section. Duty. when (2.) The duty shall be payable on the making of payable. the gift, notwithstanding the fact that the interests of the donees or any of them may be future interests. Where a gift first becomes liable to gift duty by reason of the making of a subsequent gift or gifts, the gift duty upon each prior gift shall be payable immediately upon the making of the subsequent gift or gifts respectively. Where a gift subject to gift duty subsequently becomes liable to a higher rate of gift duty by reason of the making of a subsequent gift or gifts, the additional gift duty upon each prior gift shall be payable immediately upon the making of the subsequent gift or gifts respectively. Allowances .9. When the same property is liable both to gift duty ~~ tft duty and also (upon any death) to succession duty, the amount succession paid or payable by way of gift duty shall be taken into duty. consideration in the assessment of succession duty payable

GIFT DUTY. ss. 10, 11. 11577 1926. Gift Ditty Act. by the successor (being also the donee) in whom such property becomes absolutely vested. If the gift duty exceeds or is equal to the succession duty, no succession duty shall be chargeable. If the gift duty is less than the succession duty, the amount only by which the succession duty exceeds the gift duty shall be chargeable as succession duty. 10. (l.) Notwithstanding anything to the contrarySta~ pduty iinng "T or he in St s a u m bs p ti A tu c t t i s o " n18f9o4r to th1e91s8a,m, * e, orthaenysAtacmt pamdeuntdy- o ~ n ~ mst ~ ru- ~ . chargeable on any instrument of gift in respect of which gift duty is payable shall be ten shillings, but this stamp duty shall be in addition to and not in substitution for any other stamp duty to which the instrument is liable so far as it operates otherwise than exclusively as an instrument of gift. (2.) When an instrument is presented to the Com- missioner for stamping under "The Stamp Acts, 1894 to 1918,"* or any Act amending or in substitution for the same, and is an instrument creating or evidencing or which may be evidence of a gift liable to gift duty, the Commissioner shall impound the instrument until the full amount of gift duty has been paid in accordance vvith this Act. 11. (l.) Within one month after the making of any StatEl~ ent to gift the value of which, together with the value of all ~ ; ~ ~ ~ v; ~ ~ ~ r other gifts made by the same donor to the same or to the Com- any other donee at the same time and within the last missioner. preceding twelve months (whether wholly before or wholly after or partly before or partly after the commence- ment of this Act), is not less than five hundred pounds. the donor shall deliver to the Commissioner a statement in the prescribed form and manner, and containing all such particulars with respect to the gift and all such other gifts as are necessary to enable the Commissioner to determine whether the gift is liable to gift duty and to assess the duty thereon (if any). (2.) If the gift or any of such gifts has or have been created or is or are evidenced by any written instrument or instruments, the donor shall deposit with the Commis- sioner, along with the statement aforesaid, the said * 58 Vie. No. 8 and amending Acts, supra, page 8939; and see alHo infm, title Stamps.

11578 ss. 12, 13. GIFT DUTY. Gift Duty Act. 17 GEO. V. No. 23, instrument or instruments, or a duplicate original or originals, or (with the consent of the Commissioner) a copy or copies thereof verified by statutory declaration. (3.) After the delivery of the aforesaid statement it shall be the duty of the donor, and of every donee or trustee of a donee, to furnish the Commissioner with such additional evidence as he requires for the purposes of this Act with respect to the gift or any of such gifts. (4.) Provided that if the gift is made out 0 f Queensland, the period of three months from the making thereof shall be substituted for the period of one month from the making thereof hereinbefore prescribed. Donee to aeliver statement in default of donor. 12. If the donor makes default in delivering the prescribed statement to the Commissioner within the prescribed time, it shall be the duty of every donee, and of the trustees (if any) of any donee within fourteen days after the expiration of such time, to deliver to the Commissioner a statement in the prescribed form con- taining the like particulars and accompanied by the like instrument or instruments (if any) to those refeITed to respectively in the last preceding section of this Act so far as relates to the gift to such donee and to all other gifts by the same donor to such donee at the same time or within the last preceding twelve months, and at all times thereafter to furnish the Commissioner with such additional evidence as he requires for the purposes of this Act with respect to the gift and all other such gifts. Assessment 13. The Commissioner, if satisfied with any state- of duty. ment and particulars delivered to him as prescribed or with any additional evidence furnished upon his requisition, may assess the gift duty upon the gift. If a donor or donee or trustee makes default in delivering to the Commissioner, within the prescribed time, the prescribed statement, or if the Commissioner is dis- satisfied with any such statement and particulars delivered, the Commissioner may proceed to take an account and estimate himself and assess and recover the gift duty payable on the gift on the footing of such lastmentioned account and estimate, and in that case the costs incurred by the Commissioner, including the costs of procuring all necessary valuations, shall be included in the assessment and recovered as part of the duty.

GIFT DUTY. ss. 14, 15. 11579 i926. Gift Duty Act. 14. When any gift is made in consideration or with ~o deduo· the reservation of any benefit or advantage to or in ~~ ~:~ r~~ favour of a donor, whether by way of- value of gift . \. (a) Any mterest many other property; or in respect of benefit t .... (b ) M ortgage or charge; or donor. (c) Any annuity or other payment, whether periodical or not; or (d) Any contract for the benefit of the donor; or (e) Any condition or power of revocation or other disposition; or (f) In any other manner whatsoever; whether that benefit. or advantage is. charged upon or otherwise affects the property the subject of the gift or not, no deduction or allowance shall be made in respect of that benefit or advantage in computing the value of the gift, and the gift shall be valued and gift duty shall be paid as if the gift had been made without any such consideration or reservation. 15. For the purpose of computing the value of Valuation of a gift- gift. (a) No allowance shall be made in respect of any contingency affecting the interests of the donees or any of them. (b) Subject to this Act, the value of a gift shall be taken to be the value thereof at the time of the making of the gift. (c) No deduction shall be allowed in respect of any mortgage, charge, encumbrance, or liability affecting or incident to the property comprised in the gift existing at the time of the making of the gift, if and so far as the donee is entitled as against the donor or any other person or as against any other pro- perty to any right of indemnity or contribu- tion in respect of that mortgage, charge, encumbrance, or liability. (d) The Commissioner may, in his discretion, adopt as the value of any shares or stock in any company or corporation comprised in a gift such sum as the holder thereof would receive in the event of the Company being voluntarily wound upon the date when the gift was made.

11580 ss. 16, 17. GIFT DUTY. Gift Duty Act. 17 GEO. V. No. 23, Com- missioner may hold inquiry. 16. (1.) The Commissioner may, if dissatisfied with any statement delivered or account rendered or par- ticulars or evidence furnished or with any value placed upon any property or where no statement is delivered or for any other reason, hold an inquiry for the purposes of this Act, and may accordingly, by notice in writing, require any person to attend before him at such time and place as shall be specified therein. (2.) Every person so notified shall be bound to attend as and when so required, and to produce all books (including bank pass books), documents, and papers relating to any gift or transaction under consideration, and give evidence on oath before the Commissioner, whether orally or by declaration. (3.) Every person who is interested in the matter may be represented by counsel or solicitor, who may examine, cross-examine, and re-examine, in accordance with the ordinary practice in any civil court, any person so summoned. (4.) The statement of every person so examined shall be taken down in writing and signed by him in the presence of the Commissioner. (5. ) No person summoned or examined under this section shall be excused from answering any question on the ground that the answer may criminate or tend to criminate him or render him liable to any penalty or forfeiture. (6.) No statement made by any such person in answer to any question put to him shall in criminal proceedings be admissible in evidence against him, except upon a charge of perjury against him in respect of his testimony upon that inquiry. For this purpose the production of any book or document under the hand of the Commissioner purporting to be a copy of the evidence taken at such inquiry shall for all purposes be sufficient evidence. Penalty on failure to deliver a statement. 17. If a donor, donee, or trustee of a donee makes default in delivering to or depositing with the Commis- sioner any statement or other document which he is hereby required to deliver or deposit, or in furnishing the Commissioner with any evidence which he is hereby required to furnish, he shall be liable to a penalty not exceeding two pounds for every day during which he so makes default, or not exceeding fifty pounds in the whole.

GIFT DUTY. ss. 18-20. 11581 1926. Gift Duty Act. 18. Without prejudice to the right to the recovery SummonsIcr of any of the penalties herein mentioned, if any person statement. accountable for or chargeable with gift duty makes default in delivering the prescribed statement within the prescribed time, the Commissioner may, by summons before a judge of the Supreme Court in chambers, call upon such person to show cause why he should not deliver the statement and pay the duty (together with additional duty as prescribed) and costs, and thereupon such order shall be made as the judge thinks just. Such summons may be served on such person by being sent to him in a registered post letter addressed to his last known place of abode or' business within or beyond Queensland. c:e 19. (1.) If a donor, donee, or trustee of a donee Additional makes default in delivering to the Commissioner any ~ ~r it;: statement or document required by this Act to be so of default. delivered, or in furnishing the Commissioner with any evidence which he is lawfully required to furnish, the gift duty payable shall, by way of penalty, be increased by one-half, and this additional duty shall be assessable and recoverable in all respects as ordinary gift duty. (2.) The said penalty shall be in addition to and not in substitution for any other penalty to which the donor or any other person is liable under this Act. W h 0 2 - 0. Any person · , whether or not liable to gift duty, soDtfaefatliefvfmieereynt, (a) Makes or delivers or causes or permits to be &0. made or delivered a statement which is false in any particular, or makes or causes or permits to be made any false answer, whether orally or in writing, in relation to the property comprised in any gift, or any matter or thing affecting the liability to or exemption from gift duty of any person; or (b) By any falsehood, neglect, fraud, art, or contrivance whatsoever used or practised, or by or under any instrument made, signed, executed, taken, or received, evades or avoids or attempts to evade or avoid assessment of gift duty; shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred pounds; and if such person is personally accountable for the duty in respect

11582 ss. 21, 22. GIFT DUTY. Gift Duty Act. 17 GEO. V. No. 23, of any gift the court shall order him to pay to the Commissioner by way of additional duty a sum equal to double the amount of the gift duty the payment of which such person has evaded or avoided or attempted to evade or avoid. Amendmont 21. (1.) The Commissioner may at any time make a o s f sessment. all such amendments of any assessment of gift duty as he thinks necessary in order to ensure its completeness and accuracy, notwithstanding that gift duty may have been paid in respect of the property included in the assessment: Provided that- (i.) Every amendment which has the effect of imposing any fresh liability, or increasing any existing liability, unless made with the consent of the person accountable for the duty, shall be subject to appeal; (ii.) Save as by this Act is otherwise provided a trustee shall not be liable to pay any amount of duty in excess of the property presently in his control or possession of which he is trustee and in respect of which additional duty in accordance with the amended assess- ment is payable. (2.) If after gift duty has been paid it is discovered that too much in amount has been paid, the Com.;. missioner, upon an application being made to him for a refund of such overpayment, and upon being satisfied that too much in amount has been paid, shall refund to the person entitled to receive the same the amount overpaid. aPpcoacwroteyurntttoaoblo duty22w.hoAniys pdiesrss8oJtnisfliieadblewiutnhdethr ethaisssAescstmteontpaoyf gthifet appeal. Commissioner may, upon giving, within thirty days after the date of such assessment, notice in writing to the Commissioner of his intention to appeal against such assessment, and a statement of the grounds of such appeal, which statement shall be furnished within the further period of thirty days, appeal by petition accordingly to the Supreme Court of Queensland; and such court, or a judge t.hereof sitting in chambers, shall have jurisdiction to hear and determine the matter of such appeal, with power to direct, for the purposes of

GIFT DUTY. SS, 23, 24. 11583 1926. \ Gift Duty Act. the appeal, any inquiry, valuation, or report to be made by any officer of the court, or other person,. as such court or judge may think fit. The costs of a.ny such appeal shall be in the dis- cretion of such court or judge, having regard to the extent to which the Commissioner's assessment exceeds the amount admitted by the appellant before the appeal commenced, and the extent to which the Commissioner's 9Jssessment is upheld or varied. 23. (1.) Gift duty shall constitute a debt due and Liability for payable by the donor to the Crown on the making of the duty. the gift. (2.) The duty shall also constitute a first charge on all property comprised in the gift. (3.) Without excluding the liability of the donor under the foregoing provisions, gift duty shall constitute a debt due to the Crown by the donee on the making of the gift: Provided that where there is more than one donee under the same gift, each of them shall be liable only for the same proportion of the gift duty as the value of his interest bears to the total value of the gift: Provided also that where the interest of a donee is a .future interest, he shall not become personally liable until it becomes an interest in possession. (4.) When a gift has been made by way of trust for any donee, the gift duty shall, without excluding the liability of the donor or donee under the foregoing provisions, constitute a debt due to the Crown by the trustee on the making of the gift. Unless it is otherwise provided by the terms of the gift, the trustee shall be entitled to be indemnified by the donor and the donee against all liability under this section. Every such trustee may raise such moneys as are necessary to pay gift duty by mortgage with or without power of sale of any property comprised in the gift held by him upon trust. 24. (1.) The gift duties imposed by this Act shall be Recovery of under the care and management of the Commissioner, who duty, &0. by himself and his officers shall have the same powers and authorities for the collection, recovery, and management

11584 ss. 25-27. GIFT DUTY. Gift Duty Act. 17 GEO. V. No. 23, thereof as they have under "The Stamp Acts, 1894 to 1918,"* or any Act amending or in substitution for those Acts. And without prejudice to the provisions of those Acts, and by way of additional remedy, all such duty, including any additional duty, may at any time be sued for and recovered in any court by the Commissioner suing in his official name. (2.) All penalties for breaches of this Act or any regulations made thereunder may be recovered by complaint in a summary way under" The Justices Acts, 1886 to 1924."t Payment of penalties under this Act shall not relieve any person from liability to assessment and payment of any gift duty for which he would otherwise be liable. Duties to be 25. (1.) The payment of all gift duties shall be dsteanmoptesd. by denoted by adhesive stamps affixed and impressed by the Commissioner. (2.) When the duty is paid in respect of the property comprised in any instrument of gift, the said stamps shall be affixed to that instrument of gift or to a duplicate or copy thereof delivered to the Commissioner in accordance with this Act. (3.) When there is no such instrument of gift or no such instrument has been delivered to the Commissioner, the said stamps shall be affixed to the statement delivered to the Commissioner in pursuance of this Act in respect of the duty so paid; or, if there is no such statement, then to the written assessment of the Commissioner as to the duty payable, or to a duplicate or copy of that assessment. No 26. No statute of limitations now or hereafter III limitation. force shall bar or affect any action, proceeding, or remedy for recovery of gift duty. Contracts to 27. Every contract, agreement, o:r: arrangement e & v 0 a ., devodiudt.y; made or entered into, in writing or orally, whether before or after the commencement of this Act, shall, so far as it has or purports to have the purpose or effect of in any way directly or indirectly- (a) Altering the incidence of any gift duty; or * 58 Vic. No. 8 and amending Acts, supra, page 8939; and see also infra, title Stamps. t 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq. and 11030.

GIFT DUTY. ss.28,29. 11585 1926. Gift Duty Act. (b) Relieving any person from liability to pay any gift duty or make any statement; or (c) Defeating, evading, or avoiding any gift duty or liability imposed on any person by this Act: or (d) Preventing the operation of this Act in any respect; be absolutely void, but without prejudice to its validity in any other respect or for any other purpose. 28. The following provisions shall apply in any Liability of case where , whether intentionally or not ' an d y o per o son ~ esta ~ te after accountable for gift duty escapes the payment of any person liabl6 gift duty in his lifetime by reason of not having duly to duty. delivered a statement or not having duly delivered a complete and accurate statement:- (i.) The Commissioner shall have the same powers and remedies against the trustees in the estate as he would have had against the accountable party in his lifetime. (ii.) The trustees shall deliver such statement as the Commissioner requires for the purpose of an accurate assessment. (iii.) The assessment shall be at double the rates which would have been payable if the state- ment had been made and gift duty paid at the proper time, and the duty assessed shall be a first charge on all the estate in the hands of the trustees. (iv.) No lapse of time shall prevent the operation of this section, and the Commissioner may take all such proceedings and exercise all such powers and remedies for the purpose of giving effect to this section and recovering the double duty as in the case of ordinary assessments. 29. When any gift duty has been assessed or when Regisuration the accountable parties have made default in delivering ~ ! tt~ ~ eor the prescribed statement and the Commissioner is of thereof as opinion that gift duty is payable, he may register a a charge. memorandum of any gift duty assessed or his estimate of the gift duty to be assessed as a first charge on the property comprised in the gift; and the Registrar of Titles or other proper officer shall, without fee, register

11586 ss. 30-32. GIFT DUTY. Gift Duty Act. --- ---- ~ - - - - ~ ~ - - - - 17 GEO. V. No. 23, the charge accordingly, and give effect to it as if the certificate were an instrument of charge or encumbrance duly executed under the laws in force for the time being. C!0mmis. 30. If any gift duty is not paid, the Commissioner !; ; l~ : : : : y may apply to the Supreme Court or a judge thereof for order to sell. an order that a sufficient portion of any property comprised in the gift me,y be sold to pay the duty, notwithstanding any change that may have taken place in the ownership of the property. CPoowuretr. s of for, aSnudchmCayoufrixt tohrejupdrigcees, mtaeyrmgsr,aannt dthceonodridtieornsapopf ltiheed sale, and may make such order as to the costs of and consequent upon such application, proceedings, and sale as it or he thinks fit. . Application The moneys arising from such sale shall be applied- of proceeds. first, towards paying the costs and expenses, if so ordered, of and consequent upon any such application, proceedings, and sale; and, in the next place, towards the payment of the gift duty and any additional gift duty due; the balance (if [my) shall be paid to the person entitled, and in the case of a trustee shall be held or disposed of by him upon the same trusts as the property sold woulrl have been held or ilisposed of : s C our o dr u pe r lru t as m . s a t y o orderPrtohvaitdesdeetmhsatjussutchasCtoourstuocrh jsuudrgpelums amyomneaykse, aanndy as to the disposal or investment thereof, and as to the person or persons to whom the same or the interest thereof shall be paid. Duty of 31. When any transfer, release of mortgage, 01' other ~ ~ a; ~ o~ ! ~ erBinstrument whatever is lodged for registration with the revenue. Registrar of Titles or any other State officer, and in the opinion of such officer the property particularised in any such document appears to be charged or chargeable with gift duty, notice of such document having been lodged shall be communicated by such officer to the Commis- sioner before the registration thereof, and such officer may delay registration until such instrument has been stamped in accordance with this Act. Duty of 32. (1.) All public officers, including all State pofufbicleicrs, &c. officers of any taxation department, and all other persons and bodies corporate whatsoever, having in their custody, possession, or power any books, records, registers, papers, or other documents the inspection whereof may tend to secure the payment of any gift duty or to the proof or

GIFT DUTY. So 33. 11587 1926. Gift Duty Act. discovery of any fraud or omission in relation to any such duty, shall at all reasonable times, notwithstanding anything to the contrary in any other Act, permit any person thereunto authorised by the. Commissioner to inspect all such books, records, registers, papers, and documents, and to take such notes, copies, or extracts thereof or therefrom as he may deem necessary, without fee or reward. (2.) Every person or body corporate refusing to permit or obstructing any such inspection, or any such taking of notes, copies, or extracts, shall be liable to a penalty not exceeding fifty pounds. 33. Every person employed under or in connection Secrecy. with the administration of this Act shall preserve and aid in preserving secrecy with regard to all matters that may come to his knowledge in his official capacity, and shall not communicate any such matter -to any other person except in the performance of his duties under this Act, or except to the Auditor-General or some officer of his department for the purposes of audit under the Jaws in force relating to the audit of public accounts, and to this extent the Auditor-General and any such officer shall be deemed to be persons employed under this Act. The Commissioner and every Deputy Commissioner shall take and subscribe before a justice the prescribed oath of fidelity and secreJy. Such oath shall also be taken and subscribed by every other person appointed or emp10yed under this Act, and ,the same may be administered to him by the Commissioner or Deputy Commissioner or any justice. . Every person who, in contravention of the true intent of such oath and without lawful excuse, reveals any matter or thing which has come to his knowledge in his official capacity shall be liable to a penalty not exceeding fifty pounds or t.o be imprisoned for any period not exceeding six months, with or without hard labour. Notwithstanding anything herein contained, it shall be lawful for a Commissioner, and he is hereby aut~orised, to afford to the Commonwealth Commissioner of Taxation or his Deputy in Queensland, or any State Taxation Department, any information in his possession with respect to the administration of this Act; and the affording ,of such information shall not be deemed to be a contravention of this section.

11588 ss. 34, 35. GIFT DUTY. Gift Duty Act. 17 GEO. V. No. 23, Commis- sioner may compound duty. 34. Where by reason of the complexity of the matter or from any cause it is difficult to ascertain exactly the amount or rate of any gift duty, or so to ascertain the same without undue delay or expense, the Commissioner may assess by way of composition for the gift duty payable such sum as the Commissioner thinks proper under the circumstances, and may accept payment of the sum so assessed in full discharge of all claims for that gift duty. Evidence, &0. 35. (1.) In all legal proceedings instituted by or on behalf of the Crown in pursuance of this Act, or the regulations, the averment that- (i.) Any person executed any instrument; or (ii.) Any assessment or amendment of assessment has been duly made; or (iii.) Any requisite prescribed or satisfactory statements or instruments or particulars have or have not been delivered or given; or (iv.) Any gift duty has or has not been paid; shall be sufficient evidence of the fact until the contrary IS proved. (2.) In all legal proceedings- (i.) The production of any assessment or amended assessment or any document under the hand of the Commissioner purporting to be a copy thereof shall- (a) Be conclusive evidence of the due making of the assessment; and (b) Be conclusive evidence that the amount and all particulars of the assessment are correct except in proceedings on appeal against the assessment when it shall be prima facie evidence only; (ii.) The production of any document under the hand of the Commissioner purporting to be a copy of or extract from any statement, instru- ment, particulars, or assessment shall for all purposes be sufficient evidence of the matter therein set forth, without the production of the original; (iii.) The production of any document or certificate under the hand of the Commissioner that all or any gift duty or penalties have not been p<tid shall be conclusive evidence.

GIFT DUTY. ss. 36, 37. 11589 1926. Gift Duty Act. (3.) The validity of any assessment shall not be affected by reason of any interim assessment having been made or that any provisions of this Act have not been complied with. 36. Any person who- (a) Obstructs or hinders any officer acting in the O~ struc~ ng discharge of his duty under this Act; or 0 cers, c. (b) In any manner whatsoever fails to comply General with any of the provisions of this Act for penalty. which no penalty is expressly provided; shall be liable to a penalty of not less than one pound nor more than fifty pounds. 37. The Governor in Council may from time to time Regulations. make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. In particular, and without limiting the objects of the foregoing provisions, such regulations may be made with respect to all or any of the following matters, that is to say:- (a) The duties of the Commissioner and all other persons acting under this Act or the regula- tions; (b) The forms of statements or other documents required or authorised by this Act, and the time and mode of delivering or furnishing the same, the valuations to be furnished and the time and mode of furnishing the same, and the persons by whom the same shall or may be furnished; (c) The procedure to be adopted in the assessment and collection of gift duty; (d) The time and manner of giving notices; (e) Imposing penalties not exceeding fifty pounds for breach of any regulation.

i1590 GIFT DUTY.-INCOME TAX. Inrome Tax Act Amendment Act. 17 GEO. V. No. 32, All such regulations shall be published in the Gazette and when so published shall be of the same effect as if they were contained in this Act, and shall be judicially noticed, and shall be laid before the Legislative Assembly within forty days after the same have been so published if the Legislative Assembly is then in session, or, if not, then within forty days after the commencement of the Hext session of the Legislative Assembly. GOVERNMENT LOANS. See LOANS, GOVERNMENT. INCOME TAX. 17NGo.eo3. 2. v. An Act to Amend "The Income Tax Act of 1924" THE in certain particulars, and to Make Provision INCOME TAX ACT for the More Effective Assessment and AACMTENODFM 19 E 2 N 6 T . Collection of Tax under the Acts superseded by that Act. [ASSENTED TO 29TH NOVEMBER, 1926.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title 1. This Act may be cited as "The Income Tax Act and . Amendment Act of 1926," and shall be read as one with constructlOn." The. Income Tax Act of 1924,"* herein referred to as the Principal ACt. This Act and the Principal Act may together be cited as "The Income Tax Acts, 1924 to 1926." Amendments 2. (1.) The following amendments are made in the of Principal Principal Act :_ Act. Provisions numbered respectively (i.) and (ii.) of subsection two of section ten are repealed, and the following provisions are respectively inserted in lieu thereof :- " (i.) (a) When any person at any time (whether before or on or after the first day of July, one thousand nine hundred and twenty-one) has purchased or acquired * 15 Geo. V. No. 34, supra, page 10945.